December 18, 2017 Article

“Prime” Shopping Center Real Estate: Exclusive-Use Restrictions in an E-Commerce World

The potential fact and legal issues that may crop up in litigation of acceleration clauses make them a challenge for summary judgment and trial.

by Kimberly D. Annello

Exclusive-use restrictions or restrictive covenant provisions in leases are commonplace and part of the development of traditional retail shopping centers. But with the advent and increase of on-line shopping and the ever-changing landscape of retail brick-and-mortar stores incorporating showrooms, drop-off/pick-up locations and virtual reality shopping experiences, the old exclusives must be reexamined. Are they wise? Are they enforceable as written? What impact would these exclusives have on an e-commerce world? This article explores where exclusives have been and where they might go.

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